Law 101: An Essential Reference for Your Everyday Legal Questions
272Law 101: An Essential Reference for Your Everyday Legal Questions
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Overview
Unlock the complexities of the legal system with Law 101 - your comprehensive guide to understanding the fundamentals of law and navigating legal issues with confidence.
In this updated and expanded second edition, Brien A. Roche demystifies the intricacies of the legal world and presents key concepts in a clear and accessible manner. Whether you're a student, professional, or simply a curious reader, this book provides a solid foundation in law that empowers you to make informed decisions and protect your rights.
Inside you'll find:
- Comprehensive Coverage: Explore various areas of law, including civil law, criminal law, constitutional law, contracts, torts, and more.
- Clear Explanations: Brien A. Roche breaks down the history of our legal system and complex legal concepts into understandable language, making the law accessible to readers of all backgrounds.
- Real-World Examples: Enhance your understanding of legal principles with real-world examples and case studies. These illustrations provide practical context and demonstrate how the law impacts our daily lives.
- Empowering Knowledge: Equip yourself with essential legal knowledge that empowers you to make informed decisions, protect your rights, and advocate for yourself and others in legal matters from drafting contracts to serving as a juror or witness in court.
Gain a solid foundation in law with Law 101 by Brien A. Roche. Whether you're a student, professional, or simply seeking to expand your legal knowledge, this comprehensive guide provides the tools to navigate the complexities of the legal system with confidence. Empower yourself with a clear understanding of the law and its practical applications in our society.
Product Details
ISBN-13: | 9781402247552 |
---|---|
Publisher: | Sourcebooks |
Publication date: | 08/01/2009 |
Sold by: | Barnes & Noble |
Format: | eBook |
Pages: | 272 |
Sales rank: | 388,485 |
File size: | 455 KB |
About the Author
Brien A. Roche is a practicing attorney in Virginia, Maryland, and Washington, D.C. He has been practicing law since 1976. He is a graduate of Georgetown University and a graduate of the George Washington University Law School. After college, he served in the United States Marine Corps, and thereafter served as a patrol officer with the Washington, D.C. police department (known as the Metropolitan Police Department of Washington, D.C.).
Since 1976, Mr. Roche has been engaged in the general practice of law in the tri-state area surrounding Washington, D.C. Licensed in Virginia, Maryland, and the District of Columbia, his litigation practice incorporates all facets of the law. He is the author of two professional legal texts that are published by Lexis Publishing Company. The Virginia Tort Case Finder, is a title well-recognized by Virginia lawyers and judges. The second book, The Virginia Domestic Relations Case Finder, is a must-have reference for all family law practicioners in the state of Virginia. In addition, Mr. Roche has also authored several articles in legal publications and has lectured at numerous continuing legal education seminars around the state of Virginia.
Brien A. Roche is a practicing attorney in Virginia, Maryland, and Washington, D.C. He has been practicing law since 1976. He is a graduate of Georgetown University and a graduate of the George Washington University Law School. After college, he served in the United States Marine Corps, and thereafter served as a patrol officer with the Washington, D.C. police department (known as the Metropolitan Police Department of Washington, D.C.).
Since 1976, Mr. Roche has been engaged in the general practice of law in the tri-state area surrounding Washington, D.C. Licensed in Virginia, Maryland, and the District of Columbia, his litigation practice incorporates all facets of the law.
He is the author of two professional legal texts that are published by Lexis Publishing Company. The Virginia Tort Case Finder, is a title well-recognized by Virginia lawyers and judges. The second book, The Virginia Domestic Relations Case Finder, is a must-have reference for all family law practicioners in the state of Virginia.
In addition, Mr. Roche has also authored several articles in legal publications and has lectured at numerous continuing legal education seminars around the state of Virginia.
For more information about Mr. Roche, please visit his website at https://www.brienrochelaw.com.
Read an Excerpt
Inside the Juvenile Justice System
Excerpted from Law 101 by Brien A. Roche, Attorney at Law ©2004
Juvenile Court is sometimes referred to by lawyers and law enforcement officers as Kiddie Court. The Juvenile Court in some jurisdictions, however, can be more than simply what the name may imply. In some jurisdictions, it may actually be a type of
Family Court wherein all different types of family disputes may be resolved. This chapter will not deal with family law issues, but rather simply deal with issues of juvenile justice.
The logic behind the juvenile court system in the United States is that because juveniles are underage, they should be dealt with in a different fashion than adults. In many jurisdictions, juvenile offenses are not even referred to as criminal offenses. Juvenile records in most jurisdictions are strictly confidential and are not subject to public access either by means of subpoena or other inquiry. As such, a juvenile arrested and processed through the Juvenile Court does not have to report that offense on a job application or other type of inquiry unless directly asked about it since the inquiry itself is not going to be subject to any public confirmation.
Proceedings in Juvenile Court are all conducted by a judge with no jury present. For certain types of offenses, however, a juvenile may be transferred to the adult system and may be tried as an adult with all the consequences that might apply to an adult. (That type of treatment is generally reserved for more serious offenses.)
An offense in Juvenile Court is generally handled in a somewhat informal fashion. There may be a prosecutor present in Juvenile Court. Thatprosecutor represents the interest of the government or the victim. The prosecutor may present evidence in front of the judge who then hears from the defense and renders a decision. That decision normally consists of a finding of whether the juvenile is involved and if so there may be some punishment imposed. That punishment may consist simply of a monetary fine, performing some community service, or for more extreme circumstances, confinement to a juvenile home for a period of time.
The thrust of the juvenile court system is to be instructive and rehabilitative-to instruct the juvenile as to the error of his or her ways and to assist him or her with rehabilitation. That is dramatically different from the thrust of the adult court system, which may have an element of rehabilitation about it, but is more oriented toward a finding of guilt or innocence and then punishing the guilty.
Table of Contents
Preface | xiii | |
Section 1 | Where Our Laws Come From | |
Chapter 1 | Constitutional Law | 3 |
The U.S. Constitution is a Compact | ||
The Articles of the Constitution | ||
The Bill of Rights | ||
The Fourteenth Amendment | ||
Other Amendments | ||
State Constitutions | ||
Chapter 2 | Statutory Law | 11 |
Preemption | ||
Codes | ||
Chapter 3 | Case Law | 15 |
Federal Courts | ||
Types of Cases | ||
State Courts | ||
Case Law | ||
The Status of the Court | ||
Chapter 4 | Administrative Law | 27 |
Rule Making Process | ||
Code of Federal Regulations | ||
State Rules | ||
Rules for the Legal Profession | ||
Legal Analysis | ||
Section 2 | The Court System | |
Chapter 5 | Civil Litigation | 35 |
Civil Justice in the State Court System | ||
Filing Suit | ||
Serving the Suit Papers | ||
Response by the Defendant | ||
Discovery | ||
Pretrial and Trial | ||
Voir Dire | ||
Opening Statement | ||
Presentation of Evidence | ||
Jury Instructions | ||
Verdict | ||
Posttrial Motions | ||
Appeal | ||
Court Rules | ||
Civil Justice in the Federal Court System | ||
Personal Jurisdiction | ||
State Court vs. Federal Court | ||
Chapter 6 | Criminal Law and Procedure | 61 |
Constitutional Protections | ||
Exclusionary Rule | ||
Criminal Procedure | ||
Probable Cause | ||
Warrants | ||
Miranda Rights | ||
Judicial Review of Arrest | ||
Prosecutors | ||
First Court Appearance | ||
Pleas | ||
Pretrial Proceedings | ||
Felonies and Misdemeanors | ||
Discovery | ||
Privilege | ||
Jury Trial | ||
Right of Confrontation | ||
Standard of Proof | ||
Sentencing | ||
Appeal | ||
Double Jeopardy | ||
Habeas Corpus | ||
Criminal Justice in the Federal Court System | ||
Chapter 7 | Criminal Law and Specific Crimes | 79 |
Murder | ||
Personal Crimes and Victimless Crimes | ||
Property Crimes | ||
Intent | ||
Strict Liability and Vicarious Liability | ||
Actus Reus | ||
Attempted Crime | ||
Solicitation | ||
Accessories | ||
Conspiracy | ||
Defenses | ||
Chapter 8 | Juvenile Law | 89 |
Teen Rights | ||
Parental Responsibility | ||
Chapter 9 | What to Expect if Called as a Juror | 93 |
Chapter 10 | What to Expect if Called as a Witness | 97 |
Section 3 | Areas of the Law | |
Chapter 11 | Contracts | 101 |
Offer and Acceptance | ||
Consideration | ||
Auctions | ||
Uniform Commercial Code (UCC) | ||
Statute of Frauds | ||
Defenses to Contracts | ||
Parol Evidence | ||
Conditions to Performance | ||
Payment of Attorney's Fees | ||
Material Breach | ||
Other Contract Theories | ||
Recoverable Damages | ||
Liquidated Damages | ||
Equitable Relief | ||
Checklist for Contracts | ||
Chapter 12 | Torts | 117 |
Negligence | ||
Motor Vehicle Accident | ||
Premises Liability | ||
Product Liability | ||
Professional Liability | ||
Standard of Care | ||
Children | ||
Attractive Nuisance | ||
Res Ipsa Loquitur | ||
Vicarious Liability | ||
Strict Liability | ||
Intentional Torts | ||
Damages | ||
Joint and Several Liability | ||
Comparative and Contributory Negligence | ||
Defenses | ||
Immunities | ||
Wrongful Death Actions | ||
Chapter 13 | Domestic Relations | 137 |
Marriage | ||
Annulment | ||
Divorce | ||
Grounds | ||
Corroboration Requirement | ||
Defenses | ||
Custody | ||
Change of Custody | ||
Adoption and Paternity | ||
Child Support | ||
Spousal Support | ||
Property Division | ||
Prenuptial and Property Settlement Agreements | ||
Chapter 14 | Landlord/Tenant Rights | 147 |
Leases | ||
Chapter 15 | Estates and Probate | 151 |
Probating a Will | ||
Executor | ||
Taxes | ||
Guardianship, Power of Attorney, and Trust | ||
Living Will and Advance Medical Directive | ||
Chapter 16 | Taxes | 159 |
Federal Taxes | ||
State Taxes | ||
IRS | ||
Chapter 17 | Real Estate | 165 |
Determining Title | ||
Adverse Possession | ||
Real Estate Contracts | ||
Chapter 18 | Business Organization | 177 |
Sole Proprietorships | ||
Partnerships | ||
Corporations | ||
Limited Liability Companies and Limited Liability Partnerships | ||
Chapter 19 | Bankruptcy | 183 |
Chapter 7 | ||
Chapter 11 | ||
Chapter 13 | ||
Chapter 20 | Employment | 191 |
Discrimination | ||
Federal Laws | ||
At-Will Employment | ||
Overtime and Minimum Wage | ||
Unemployment | ||
Severence and Lay-offs | ||
Chapter 21 | Workers' Compensation | 199 |
Claims | ||
Benefits | ||
Complex Injuries | ||
Third Party Claims | ||
Second Injury Fund and Uninsured Employer Fund | ||
Chapter 22 | Insurance | 207 |
Automobile Insurance | ||
Life Insurance | ||
Health Insurance | ||
Homeowners Insurance | ||
Malpractice Insurance | ||
Insurance Agents | ||
Chapter 23 | Eminent Domain and Zoning | 213 |
Zoning | ||
Chapter 24 | Liens | 217 |
Mechanic's Lien | ||
Garagekeeper's Lien | ||
Innkeeper's Lien | ||
Domestic Relation's Lien | ||
Attorney's Lien | ||
Tax Lien | ||
Secured Transaction | ||
Conclusion | 221 | |
Glossary | 223 | |
Index | 231 | |
About the Author | 241 |